A bakery in Linyi was investigated and punished for engaging in food production and operation without permission!
By: Date: 2022-07-19 Categories: chinesefood Tags: ,
   在临沂市市场监管局公布的2022年民生领域案件查办“铁拳”行动第三批典型案例中,临沂一家面包店因未取得许可从事食品生产经营被查处。

 
  Lanling county market supervision and administration bureau investigated and dealt with the case of Lanling Jinling shengbaisui bakery not obtaining a license to engage in food production and operation
 
  Details of the case
 
On March 2, 2022, according to reports from the masses, the law enforcement officers of Lanling county market supervision and Administration Bureau conducted an on-site inspection of Lanling jinlingsheng centenary bakery. The party involved was engaged in bread processing, but was unable to provide a food production license.
 
After investigation, the party concerned processed and produced food (bread and cake) without a food production license from August 2021 to March 2, 2022, with a total value of 14.05 million yuan and illegal income of 14.03 million yuan.
 
The party’s behavior violated the provisions of Article 35 of the food safety law of the people’s Republic of China. According to the provisions of Article 122 of the food safety law of the people’s Republic of China, taking into account the illegal facts, circumstances, degree of harm and other factors of the party, Lanling County market supervision and Administration Bureau imposed administrative penalties on him according to law.
 
  Punishment decision
 
In May 2022, Lanling county market supervision and administration bureau investigated and dealt with the illegal act of Lanling jinlingsheng centenary bakery engaging in food production and operation without permission, and imposed an administrative penalty of”confiscating the illegally produced bread and food raw materials and equipment used for illegal production, confiscating the illegal income of 140030 yuan, and imposing a fine of 140450 yuan”.
 
  By case
 
Article 35 of the food safety law of the people’s Republic of China
 
The State implements a licensing system for food production and operation. To engage in food production, food sales and catering services, a license shall be obtained according to law. However, those who sell edible agricultural products and only pre packaged food do not need to obtain a license. If only pre packaged food is sold, it shall be reported to the food safety supervision and Administration Department of the local people’s government at or above the county level for the record.
 
The food safety supervision and Administration Department of the local people’s government at or above the county level shall, in accordance with the provisions of the administrative licensing law of the people’s Republic of China, examine the relevant materials submitted by the applicant as required by the provisions of items 1 to 4 of paragraph 1 of Article 33 of this law, and conduct on-site inspection of the applicant’s production and business premises when necessary; Permission shall be granted to those who meet the specified conditions; Those who do not meet the specified conditions shall not be permitted and the reasons shall be explained in writing.
 
Article 122 of the food safety law of the people’s Republic of China
 
If anyone, in violation of the provisions of this law, engages in food production and operation activities without obtaining a food production and operation license, or engages in food additive production activities without obtaining a food additive production license, the food safety supervision and Administration Department of the people’s government at or above the county level shall confiscate the illegal income, the food and food additives illegally produced and operated, as well as the tools, equipment, raw materials and other articles used for illegal production and operation; If the value of illegally produced and operated food and food additives is less than 10000 yuan, a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed; If the value of the goods is more than 10000 yuan, a fine of not less than 10 times but not more than 20 times the value of the goods shall be imposed.
 
If anyone knowingly engages in the illegal acts specified in the preceding paragraph and still provides him with production and business premises or other conditions, the food safety supervision and Administration Department of the people’s government at or above the county level shall order him to stop the illegal act, confiscate the illegal income and impose a fine of not less than 50000 yuan but not more than 100000 yuan; If the legitimate rights and interests of consumers are damaged, they shall bear joint and several liability with the producers and operators of food and food additives.
 
  Supervision has something to say
 
The bakery mainly produces cakes and bread, and most of its products are sold to teenagers and children. In particular, because butter is rich in moisture, sugar and protein, it is a high-risk food. If it is polluted or stored improperly in the process of operation, it is very easy to deteriorate and endanger human health. Therefore, it is necessary to review whether the production conditions are up to standard and whether the production and processing process is in line with the regulations. The producer must obtain the food production license before engaging in production activities. The market supervision department investigated and dealt with this hidden processing and sales point, which safeguarded the interests of the masses and formed a better deterrent effect on the behavior of unlicensed production and operation.
 
Remind consumers to check the production and operation qualifications of businesses when buying various kinds of food, so as to avoid unnecessary vegetarianism. Businesses that do not meet the regulations can call 12315 to report.